26-03-2024 CARE mains practice

Topic- Elections in India:

Introduction:

Genuine and credible elections play an important role in inclusive democracy. They provide a crucial opportunity for all voters to participate in their democracy and make their voice heard. To make the process inclusive and accessible, the Election Commission of India (ECI) has, for the first time in the history of the Lok Sabha elections, extended its ‘vote-from-home’ facility to Persons with Disabilities (PwD) and senior citizens aged 85 and above.

Body :

• Concept of Inclusive Election
• Vote from home
• Benefits of vote from home scheme
• Assured minimum facilities
• Encouraging the participation of women
• Enfranchising migrant communities
• Other initiatives of ECI

Conclusion :                                                                                                                                                                                                                                       

Inclusion and accessibility have become important guiding principles for electoral integrity. There is a global trend to expand the franchise to enable more citizens to vote. Elections must be transparent, in order to inspire trust among the general population. That’s why we need inclusive and transparent electoral institutions, which advance and protect the level playing field. But, in order for elections to play this role, they must present citizens with a real choice, where different parties adopt clear and distinct policies. And where the candidates reflect the diversity of society – and all groups have a fair chance of running.

UPSC Syllabus Elections in India:

 

Why was this question asked?

Q. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (UPSC Main 2022)

Introduction

Genuine and credible elections play an important role in inclusive democracy. They provide a crucial opportunity for all voters to participate in their democracy and make their voice heard. To make the process inclusive and accessible, the Election Commission of India (ECI) has, for the first time in the history of the Lok Sabha elections, extended its ‘vote-from-home’ facility to Persons with Disabilities (PwD) and senior citizens aged 85 and above.

Body Status : 

Concept of Inclusive Election

• Elections around the world are plagued with the problem of unequal levels of participation. This can have profound consequences for election results, representation and policies.
• Concept of inclusive election practices to refer to policy instruments which can reduce turnout inequality between groups and mitigate other inequalities within the electoral process.
• The Convention on the Rights of Persons with Disabilities (CRPD) clarifies that persons with disabilities have the right to participate in political life and enshrines their right to vote and stand as candidates in elections.

 

Vote from home

• To make the process inclusive and accessible, the Election Commission of India (ECI) has, for the first time in the history of the Lok Sabha elections, extended its ‘vote-from-home’ facility to Persons with Disabilities (PwD) and senior citizens aged 85 and above.
• The postal ballot-home voting facility was amended to include senior citizens and PwD candidates; the benchmark disability should be not less than 40% of the specified disability as certified by the concerned certifying authority.
• The VfH facility was previously tried out during Assembly elections in select regions, allowing PwD, senior citizens and people affected by COVID-19 to vote from home.
• The ECI this year has, increased the upper age limit of elderly voters, from 80 to 85 years.
• People with blindness or physical infirmity are allowed to nominate a companion and take their assistance while home voting

 

Benefits of vote from home scheme

• Vote from home scheme has helped almost 3.30 lakh people with disabilities and electors above 80 years
• The scheme is “useful” as senior voters may not prefer to step out during the summer heat
• The ECI also extended the postal ballot option to media personnel covering ‘polling day activities’ who have authorisation letters from the Election Commission, and those part of essential services such as metros, railways and health care.
• The option is also open for service voters, such as personnel of the armed forces posted away from their hometowns, Central Armed Police Forces personnel deployed away from home, Central and State police personnel on election duty, and polling personnel and embassy staff on postings.

Assured minimum facilities

• Senior citizen or a person with disability who choose to go to the booth, the ECI has mandated officials to provide Assured Minimum Facilities (AMF) like ramps, wheelchairs, first aid and toilets at polling stations.
•  Measures, new and old, are being highlighted, including provision of free transportation on poll day, appointment of State and District PwD icons, and Braille-enabled EVMs and EPICs.

 

Encouraging the participation of women

• India has 460 million women voters, which is almost equal to the number of men voters. In the last General Election to Parliament in 2019, more women than men voted.
• India’s Election Commission has been trying to encourage more women to vote by improving the safety of polling booths to reduce voter intimidation and by setting up separate queues for women on election day.

 

Enfranchising migrant communities

• ECI is also experimenting with remote voting for domestic migrants, according to a December 2022 press release.
• The Multi Constituency Remote Electronic Voting Machine (RVM) would allow people who migrate within the country for employment and opportunity (almost 450 million, as per the latest 2011 census) to vote for their home constituencies from remote locations.
• Internal migrants face a string of challenges due to the transient nature of their life and livelihood.
• Many are reluctant to get themselves enrolled multiple times, unwilling to get names deleted from electoral roll of home constituencies and facing an emotional disconnect with the places they migrate to.
• If implemented, “it can lead to a social transformation for the migrants and connect with their roots,” the government said.

 

Other initiatives of ECI

• SVEEP (Systematic Voters’ Education and Electoral Participation) is a flagship programme of the Election Commission of India to promote voter education and participation in elections.
• It provides information and resources on voter education and participation in elections in India.
• The portal was launched in 2009 and is available in English, and Hindi.
• Election Commission of India has been working for Inclusive elections under premise of ‘No Voter to be Left Behind’.
• The Election Commission of India (ECI) hosted the 3^rd International Conference on the theme ‘Inclusive Elections and Elections Integrity’ in virtual format on 09 March 2023.

Conclusion

Inclusion and accessibility have become important guiding principles for electoral integrity. There is a global trend to expand the franchise to enable more citizens to vote. Elections must be transparent, in order to inspire trust among the general population. That’s why we need inclusive and transparent electoral institutions, which advance and protect the level playing field. But, in order for elections to play this role, they must present citizens with a real choice, where different parties adopt clear and distinct policies. And where the candidates reflect the diversity of society – and all groups have a fair chance of running.

Topic- Centre-State Relations:

Introduction

In an unusual move, the Kerala government has petitioned the Supreme Court against President Droupadi Murmu withholding assent to four bills passed by the state assembly. The Constitution is silent on how much time the president can take in granting assent to a bill passed by a state legislature and referred to the Rashtrapati Bhavan for presidential consideration or for denying consent.

Body

• • • • Concept of Federalism in India
      • Recent Controversy
      • Kerala government’s view
      • About Kerala Bills
      • Constitutional provisions
      • Role of Supreme Court

Conclusion

Institutional arrangements for facilitating exchange of views between the States and the Union on important legislative matters need to be explored to resolve disputes between Kerala and Central government.  Governors should adhere to the guidelines of Article 200, promptly communicating their concerns about Bills and sending them back to the State Legislature for reconsideration. Clear guidelines and transparent processes can help avoid misunderstandings. Governors should provide transparent reasoning when withholding assent to a Bill, ensuring accountability for their decisions.

 

UPSC Syllabus Centre-State Relations:

 

Why was this question asked?

Q. Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. Discuss. (UPSC Main 2014)

Introduction:

In an unusual move, the Kerala government has petitioned the Supreme Court against President Droupadi Murmu withholding assent to four bills passed by the state assembly. The Constitution is silent on how much time the president can take in granting assent to a bill passed by a state legislature and referred to the Rashtrapati Bhavan for presidential consideration or for denying consent.

Body Status

Concept of Federalism in India

• The Constitution in its very first article describes India as a Union of States.
• The Constitution of India establishes the structure of the Indian government, including the relationship between the federal government and state governments.
• Part XI of the Indian constitution specifies the distribution of legislative, administrative and executive powers between the union government and the States of India.

 

Role of Supreme Court

• When a dispute arises with other states or union territory or the union government, the Supreme Court adjudicates per Article 131.
• Article-131: Original Jurisdiction– The SC (as a federal court of India) possesses original jurisdiction to decide the disputes arising between different units of the Indian Federation like:Centre and one or more states; orCentre & any state(s) on one side and one or more states on the other; or Two or more states.
• However, Article 262 excludes Supreme Court jurisdiction with respect to the adjudication of disputes in the use, distribution or control of interstate river waters.
• Under Article 263 the President can establish an interstate council to coordinate/resolve disputes between states and the Union. States have their own jurisdiction.

 

Recent Controversy

• The Kerala government has approached the Supreme Court against Governor Arif Mohammed Khan referring seven Bills passed by the state legislature to the President and the latter withholding assent to four of them “without giving any reason”, terming their actions “manifestly arbitrary”.
• The state government said that on February 23 and 29, the Ministry of Home Affairs informed it that the president has withheld assent to four of the seven bills- University Laws (Amendment) (No. 2) Bill, 2021, the Kerala Co-operative Societies (Amendment) Bill, 2022, the University Laws (Amendment) Bill, 2022, and the University Laws (Amendment) (No. 3) Bill, 2022.

 

Kerala government’s view

• Not one of the seven bills which are pending with Governor and President had anything to do with Centre-state relations.
• The state government said these bills had been pending with the governor for as long as about two years and his action “subverted” the functioning of the state legislature, rendering its very existence “ineffective and otiose”.
• State government’s plea said ‘The conduct of the Governor in keeping Bills pending for long and indefinite periods of time, and thereafter reserving the Bills for the consideration of the President without any reasons relatable to the Constitution is manifestly arbitrary and violates Article 14 (equality before law) of the Constitution.’
• The state government has urged the court to declare as “illegal” Governor Arif Mohammed Khan reserving a total of seven bills, including these four, for the consideration of the president.

 

About Kerala Bills

• The Kerala Co-operative Societies (Amendment) Bill, 2022 has provisions allowing voting rights for nominated members of Kerala Co-operative Milk Marketing Federation (MILMA). Governor Khan was of the view that it was “undemocratic” to give voting rights to nominated members, who are not engaged in the dairy sector.
• The other three Bills are pertaining to the universities in Kerala. They were aimed at removing the Governor as Chancellor of the universities in the state. These Bills were envisaged to grant power to the state government to appoint eminent academicians as chancellors of the universities.

 

Constitutional provisions

• Article 361 of the Constitution says the president, or the governor of a state shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties.
• Article 200 outlines the process for a Bill passed by the Legislative Assembly of a State to be presented to the Governor for assent, who may either assent, withhold assent or reserve the Bill for consideration by the President.
• The Governor may also return the Bill with a message requesting reconsideration by the House or Houses.
• Article 201: When a Bill is reserved for the consideration of the President, the President may assent to or withhold assent from the Bill.
• The President may also direct the Governor to return the Bill to the House or Houses of the Legislature of the State for reconsideration.

Conclusion

Institutional arrangements for facilitating exchange of views between the States and the Union on important legislative matters need to be explored to resolve disputes between Kerala and Central government.  Governors should adhere to the guidelines of Article 200, promptly communicating their concerns about Bills and sending them back to the State Legislature for reconsideration. Clear guidelines and transparent processes can help avoid misunderstandings. Governors should provide transparent reasoning when withholding assent to a Bill, ensuring accountability for their decisions.